Land Use - Private Moorage

Overview

The construction, placement and use of private moorage facilities on Crown land require authorization from the Ministry of Forest, Lands and Natural Resource Operations. Private moorage facilities include docks, boat ways/ramps or boat lifts that are used for private residential use.

Land Act authorization of existing or new docks can be provided through granting of a tenure which requires an application (see below under ‘Applications’), or in some cases may be provided by way of a General Permission (described below).

Note that other legal requirements (i.e. provincial, federal and local government) may also be applicable to the construction, placement and use of private moorage facilities. Those wanting to construct a dock should contact their local government (municipality, township, regional district, etc) to determine if there are any additional legal requirements that must be met. Non-compliance with local government bylaws and zoning will result in the dock not being eligible for a Land Act authorization. Further information on federal and provincial requirements is provided through some of the links and processes described below.

General Permission

A General Permission may be granted for ocean, lake and river docks located on aquatic Crown land. As long as a person constructs and uses their dock in accordance with the terms and conditions contained in the General Permission (see link below) they will be deemed authorized. A Crown land application is not required. If, however, the proposed dock or an existing dock does not meet the conditions and requirements stated in the General Permission, an application for a Specific Permission (or possibly a lease) will be required to be submitted to the Authorizing Agency before the dock can be authorized.

Note that General Permissions are not granted within designated ‘Application-Only Areas’ (see below under the heading “Application-Only Areas”).

For more information, or contact FrontCounter BC, toll free at 1-877-855-3222. Visit online to find your local office.

Foreshore and Aquatic Crown Land Ownership in British Columbia

Foreshore is the land between the high and low watermarks of streams, rivers, lakes, and the ocean.

Aquatic Crown land is all the land, including the foreshore, from the high water mark out to the limits of provincial jurisdiction.

This includes all submerged land between the mainland to the east and Vancouver Island and Haida Gwaii to the west, as well as all submerged land within bays on the west coasts of these islands.

In British Columbia, the Province owns nearly all freshwater and saltwater foreshore. Land adjacent to foreshore may be privately owned, but in common law the public retains the privilege or "bare licence" to access the foreshore.

Requirements for All Docks

It is important to remember that all private moorage facilities must not obstruct either public access along the foreshore. Moorage facilities must comply with Canadian Coast Guard regulations and building regulations.

Any use of structures for non-moorage purposes, fill below the present natural boundary, dredging on the foreshore, and any solid core structures or cribs are prohibited. Only one dock per property is permitted. Proof of Insurance will also be required by the upland owner either through a Homeowner's Insurance policy or some equivalent instrument.

For more information see below, or contact FrontCounter BC to verify which form of Crown land authorization is appropriate and if any other approvals are required.

A one-time $250 application fee is required for all Specific Permissions. If the applicant of the proposed dock is not the upland owner, written consent of the upland owner will be required.

Application for Lease

The Province of British Columbia (the Province) may issue a lease for private moorage facilities for residential and recreational users.

A lease may be issued where the applicant is intending to make a substantial investment and where it is important to know the exact location of the tenure boundary to avoid interference with other authorized users in the area. The normal term for a lease is 20 years.

To apply for a tenure, an applicant must be 19 years of age or older. There is a $200 annual fee for a lease; a larger annual lease fee applies if the lease area exceeds 2000 square meters. Additional costs may be incurred by the applicant to obtain additional insurance.

Application Documents

In addition to reading the information on this webpage, the following documents should be reviewed prior to submitting your application:

The WestCoast Region has established a “partial” Application-only Area which is only applicable to new docks; i.e. owners of any proposed (not yet constructed) docks are required to submit an application before they become authorized. An existing dock that already has an authorization in place, that is set to expire, will be granted a General Permission if it satisfies the specified requirements.